Vakil Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16357 of 2022 Arising Out of PS. Case No.-478 Year-2021 Thana- KISHANGANJ District- Kishanganj ====================================================== VAKIL PASWAN Son of Raj Kumar Paswan Resident of Village- Birpur Hasanpur, P.S.- Hasanpur, District- Samastipur. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binod Kumar Sinha, Advocate For the Opposite Party/s :

Mrs.Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-04-2022 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioner is apprehending his arrest in a case registered under Sections 272, 273 of I.P.C. and Sections 30(a), 41, 47 of the Bihar Prohibition and Excise Act, 2016. The prosecution case, in short, is that 168.750 liters wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent and there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in this

Patna High Court CR. MISC. No.16357 of 2022(2) dt.08-04-2022 2/2 case. It is alleged that 168.750 liters wine is recovered from the pick up van. The petitioner is alleged to be the owner of the pick up van in question. The petitioner had no knowledge regarding the nature of goods booked by the transporter. Nothing incriminating has been recovered from the conscious possession of the petitioner. There is no compliance of Section 100 Cr.P.C. On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R. Considering the facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.

10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge II-cum-Special Judge (Excise), Kishanganj in connection with Special case No.405/2021, Kishanganj P.S. case No.478/2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.